President Donald Trump is testing restraints on his power to hire and fire, which is worth doing in many cases but raises hard questions in others. Consider his maneuvers to retain Alina Habba as New Jersey’s top federal prosecutor, despite the Senate’s refusal to hold a vote on confirming her.

A federal judge recently said Habba has acted “without lawful authority” since July 1.

“Her actions since that point may be declared void,” Judge Matthew Brann ruled. The decision draws from the Federal Vacancies Reform Act, which restricts how the president can temporarily fill an office that requires Senate confirmation. “This framework is designed to carefully balance the separation of powers,” Judge Brann said. He stayed his ruling pending appeal, but another judge has delayed sentencing of a

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